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Old 06-18-2009, 03:15 PM   #5
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Join Date: Jun 2009
Location: Lakes Region
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Originally Posted by woodynh View Post

In the mean time he is checking paperwork and there goes several papers flying into the water out of his hand. he makes no attempt to recover them. I would consider that littering.
I would consider that littering as well, yet arguing with any type of law enforcement officer IMHO is one of the biggest ways to waste time. They always seem to win.

Originally Posted by woodynh View Post
Anyway comes back and hands me a ticket for switchable exhaust. i explain to him it is not hooked up. He says disconnecting it is not permitly disabled. What right did he have to pull me over and check it to start with. There was no probable cause.
From your story it appears his cause to initially pull you over was that you were causing wake in a NWZ. Atleast that would be his argument.

Originally Posted by woodynh View Post
He sees thru hull sticking out but no noise.
Law enforcement officers do not need any warrant or further probable cause to examine something that is in plain view. Do a quick Google search of the "plain view doctrine". Whether or not it is making noise doesn't matter, and judging from his response having the system disabled doesn't matter either. He should have explained to you what you need to do to remedy this and make it legal.

Originally Posted by woodynh View Post
Almost everytime I have seen the Marine Patrol during the week they flip it around and follow me for a while. this is almost without exception if I am on the watercraft. Why?
Whatever answer or conclusion you come to after more responses are made the bottom line is it doesn't matter. They do what they do and get away with it for the most part because they can. I agree it's very frustrating, the most you can do is call and complain to MP headquarters about the behavior of any particular Officer if you feel you are being harrased for no reason. I can tell you from experience you are likely to get nowhere. Even if they are wrong most times they can concoct some reason or another why they are right and you lose. Very rarely can you convince a Judge that an Officer was being dishonest or harrasing you for no reason. I am not saying this Officer was wrong or right in his behaviors I am just saying what I feel is most important to remember when dealing with these types of situations, that even when they are very wrong they are always right.
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